Modifies provisions relating to individuals who are not required to submit background screenings if seeking appointments as guardians or conservators to certain persons
A major aspect of this bill is the emphasis on prioritizing relatives in the appointment process. It establishes a structured order of suitability for persons nominated, beginning with those who can make a reasonable choice, and extending to close family members. The criteria will help ensure that incapacitated or disabled persons' family members maintain a significant role in their care, reflecting a potential shift in how guardianship and conservatorship are handled at the state level.
House Bill 2056 proposes significant modifications to the existing guardianship and conservatorship laws in Missouri, specifically regarding the appointment processes for individuals who are to serve as guardians or conservators for incapacitated or disabled persons. The bill aims to repeal the current version of section 475.050, RSMo, and replaces it with new provisions that detail the criteria the court must consider when appointing guardians or conservators, ensuring that suitable and willing relatives are given priority in such appointments.
One contentious point is the requirement for individuals seeking to be appointed as guardians or conservators to undergo background checks, which includes assessments of criminal history and mental health registries. While this is intended to ensure the safety and best interests of the incapacitated individuals, there are concerns about the implications of these requirements for families, particularly regarding privacy and the burden of additional costs associated with the screenings. Stakeholders may debate the balance between ensuring safety and maintaining accessibility for familial caregivers.